Article 8 and the Private Sector – NearlyLegal

‘In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at the drilling program being undertaken by a company, Igas Energy plc. The Claimants had granted Igas a licence to drill on the land nearby and the protest was intended to deter the controversial fracking process which the activists feared would ensue.’

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NearlyLegal, 16th March 2014

Source: www.nearlylegal.co.uk

Anti-fracking campaigners in Salford can stay, court rules – The Guardian

Posted March 12th, 2014 in appeals, demonstrations, energy, fracking, human rights, news, public order, repossession by tracey

‘Demonstrators facing eviction from an anti-fracking camp have won 11th-hour permission to stay put while they go to the court of appeal. On Monday a judge at Manchester’s high court made an order for possession against the collective occupying land at Barton Moss in Salford, Greater Manchester. The order was to take effect from midday today. But eviction was stayed just before the noon deadline by the appeal court to give the protesters an opportunity to apply for permission to appeal.’

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The Guardian, 11th March 2014

Source: www.guardian.co.uk

Anti-fracking campaigners challenge eviction attempt in court – The Guardian

‘Anti-fracking protesters who have been camping by a drill site in Greater Manchester since late October have appeared in court to challenge attempts to evict them.’

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The Guardian, 6th March 2014

Source: www.guardian.co.uk

Anthony White Estates Ltd v National Grid Electricity Transmission plc – WLR Daily

Posted March 5th, 2014 in appeals, compensation, contracts, energy, law reports, news, sale of land, valuation by sally

Anthony White Estates Ltd v National Grid Electricity Transmission plc [2014] EWCA Civ 216; [2014] WLR (D) 108

‘Fair compensation payable to a landowner in respect of the grant of statutory wayleave for an electricity power line, pursuant to paragraphs 6 and 7 of Schedule 4 to the Electricity Act 1989, was to be calculated by reference to the loss in value of the land and the principle of equivalence. Where a landowner had entered into a contract for the sale of land, which was conditional on the termination of an existing contractual wayleave for a power line and the removal of the line, and the Secretary of State had granted a statutory wayleave on the termination of the contractual one, the compensation to which the landowner was entitled was the difference between the contract price for the land in question at the valuation date and the open market value of the land once the statutory wayleave had been granted.’

WLR Daily, 3rd March 2014

Source: www.iclr.co.uk

Wind farms: ‘Inspector Blight’ criticised by senior judges – Daily Telegraph

‘Paul Griffiths, a planning inspector nicknamed “Inspector Blight” because of the number of wind farms he has approved, is criticised in a Court of Appeal judgement over his interpretation of guidelines’

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Daily Telegraph, 28th February 2014

Source: www.telegraph.co.uk

Pop stars’ daughter who glued herself to anti-fracking protester found guilty – The Guardian

‘The daughter of musicians Ray Davies and Chrissie Hynde has been found guilty after supergluing herself to a fellow anti-fracking protester outside the main gate of an exploratory oil drilling site.’

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The Guardian, 24th February 2014

Source: www.guardian.co.uk

Sussex landowners mount ‘legal blockade’ against fracking – BBC News

‘Landowners in the Sussex Downs National Park are mounting a “legal blockade” to block a potential fracking site. Solicitors for residents near Fernhurst, in West Sussex, have written to Celtique Energie and the Energy Secretary Ed Davey to explicitly deny permission to drill under their land.’

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BBC News, 3rd February 2014

Source: www.bbc.co.uk

Law could be changed to allow fracking below houses without owners’ permission – The Independent

Posted January 27th, 2014 in compensation, consent, energy, environmental protection, fracking, news, trespass by sally

‘Ministers are reportedly reviewing laws that would allow fracking to be carried out underneath houses without the permission of the owners.’

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The Independent, 26th January 2014

Source: www.independent.co.uk

Ofgem accuses Npower of ‘misleading’ report – BBC News

Posted January 22nd, 2014 in consumer protection, energy, news, reports by sally

‘A report by power supplier Npower, claiming bills will rise due to higher energy distribution costs, has been dismissed by regulator Ofgem as “misleading”.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

Fracking fears as landowners lay claim to ancient rights – Daily Telegraph

Posted January 16th, 2014 in energy, fracking, housing, land registration, news by tracey

‘Fears that landowners could use ancient rights to allow fracking under people’s homes have been raised following the disclosure on Wednesday that more than 73,000 claims to manorial rights in England and Wales have been received by the Land Registry. The claims have resulted in thousands of home owners being sent letters informing them that landowners or institutions have the rights to mineral extraction under their property. This has raised fears the landowners could try to exercise those rights for mining or fracking.’

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Daily Teelgraph, 16th Janaury 2014

Source: www.telegraph.co.uk

Regina v Sakalauskas – WLR Daily

Posted November 20th, 2013 in appeals, energy, fraud, law reports by sally

Regina v Sakalauskas [2013] WLR (D) 442

“‘Any article’ in section 6(1) of the Fraud Act 2006 meant any article the defendant had with him for the purpose or intention of using in the course of or in connection with any fraud and use necessarily related to use in the future and not articles which had been used in the past.”

WLR Daily, 15th November 2013

Source: www.iclr.co.uk

High Court allows eviction of fracking protestors, but council must find “appropriate” alternative space – OUT-LAW.com

“The High Court has granted a possession order to West Sussex County Council, allowing it to remove anti-fracking protestors from where they have camped alongside a busy main road.”

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OUT-LAW.com, 14th November 2013

Source: www.out-law.com

UK firms cleared of gas price manipulation – BBC News

Posted November 7th, 2013 in competition, energy, financial regulation, news, price fixing, select committees by tracey

“Regulators have found no evidence of price manipulation in the UK wholesale gas market after an investigation.”

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BBC News, 7th November 2013

Source: www.bbc.co.uk

Wind farms, birds, and that pesky thing called the rule of law – UK Human Rights Blog

“The current storms brought down a turbine in Teignmouth: see here for good pics of this and other mayhem. And the rule of law recently brought down a massive wind farm proposed for Shetland. The Scottish Ministers had waved aside a request for a public inquiry, and ended up drafting reasons which ignored the obligations in the Wild Birds Directive in respect of this bird – the whimbrel. Lady Clark quashed the consent on this ground, and also decided that the wind farmer could not apply for the consent anyway because it had not got the requisite licence which she concluded was a pre-condition for such an application. ”

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UK Human Rights Blog, 28th October 2013

Source: www.ukhumanrightsblog.com

Gas company vicariously liable for database rights infringement by staff – OUT-LAW.com

Posted October 21st, 2013 in copyright, damages, database right, energy, news, privacy, vicarious liability by sally

“The market leader in the sale of liquid propane gas (LPG) in the UK has been found vicariously liable for the infringement of database rights belonging to a rival.”

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OUT-LAW.com, 18th October 2013

Source: www.out-law.com

Draft electricity market reform legislation published, although implementation timetable delayed – OUT-LAW.com

Posted October 16th, 2013 in bills, consultations, delay, energy, news by sally

“The timetable for implementation of some of the most significant reforms to the energy market since privatisation has fallen behind by several months, according to draft legislation published by the Government for consultation.”

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OUT-LAW.com, 15th October 2013

Source: www.out-law.com

High Court grants injunction to losing bidder over £1bn waste contract award – Local Government Lawyer

“A High Court judge has granted an energy company an injunction preventing a waste authority from entering into a £1bn+ resource recovery contract (RRC) with a rival business.”

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Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

Legal loophole closed to prosecute persistent fuel thieves – Daily Telegraph

“Motorists who repeatedly steal petrol by filling up and then claiming to have forgotten their wallets will no longer be able to escape criminal prosecution, after new guidance was issued to police forces.”

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Daily Telegraph, 4th October 2013

Source: www.telegraph.co.uk

Energy price cap – is it legal? – Halsbury’s Law Exchange

Posted September 30th, 2013 in competition, EC law, energy, news, parliament, price fixing by sally

“You would have to be living under a rock to avoid Mr Milliband’s recent announcement that energy costs would, if he were elected in 2015, be capped for 20 months. Unsurprisingly, this has caused uproar on a political level between energy companies warning of blackouts and company failures and the Labour party who maintain it is a viable option. The question which really needs to be asked here is whether or not the government is legally entitled to do this?”

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Halsbury’s Law Exchange, 27th September 2013

Source: www.halsburyslawexchange.co.uk

Energy price cap – is it legal? – Halsbury’s Law Exchange

Posted September 27th, 2013 in energy, legislation, news, parliament, price fixing by tracey

“You would have to be living under a rock to avoid Mr Milliband’s recent announcement that energy costs would, if he were elected in 2015, be capped for 20 months. Unsurprisingly, this has caused uproar on a political level between energy companies warning of blackouts and company failures and the Labour party who maintain it is a viable option. The question which really needs to be asked here is whether or not the government is legally entitled to do this?”

Full story

Halsbury’s Law Exchange, 27th September 2013

Source: www.halsburyslawexchange.co.uk